No, it's passing off, which is a violation of trademark law.
Using the name Ubuntu to describe and criticize the product Ubuntu is fine. Appearing to be an official website to lure visitors in is not. That's passing off.
If walk into a branded store only to find a notice that it isn't actually that brand, it's still passing off.
> The disclaimer makes clear it's not associated...
This was only added in response to the "stop doing it" request.
I'm going to go with the opinion of the open source lawyer ('DannyBee) on this one, in favor of the random message board commenter who appears to be quoting Wikipedia.
1. Passing off only applies to unregistered trademarks. For registered trademarks, it's just trademark infringement. Since ubuntu is a registered mark (or so they mention in the C&D), passing off simply would not apply.
2. Nominative fair use, as I mentioned, is a complete defense to trademark infringement (including passing off), and most other related things, including dilution.
If FixUbuntu claimed or implied they had a business relationship/etc, there would be an issue.
They don't.
Trademarks do not give you the ability to stop others from using certain words, they give you the ability to stop others from confusing consumers about the source of goods.
Plus, you know, criticism of products is among the most protected speech possible when it comes to trademarks ...
Using the name Ubuntu to describe and criticize the product Ubuntu is fine. Appearing to be an official website to lure visitors in is not. That's passing off.
If walk into a branded store only to find a notice that it isn't actually that brand, it's still passing off.
> The disclaimer makes clear it's not associated...
This was only added in response to the "stop doing it" request.